Sold car to a friend

[feelingstupid]

What is the name of your state (only U.S. law)? California

I have a signed bill of sale agreement/payment schedule for a vehicle I reluctantly sold to a "friend" that needed it really bad but did not have the money up front (they have 2 little kids). Only 4-5 payments have been made and nothing in 3 months. I believe they do not intend to pay. Because they were my good friends I signed and gave them the title. They have not upheld the agreement- Am I able to get my vehicle back?

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

I have a signed bill of sale agreement/payment schedule for a vehicle I reluctantly sold to a "friend" that needed it really bad but did not have the money up front (they have 2 little kids). Only 4-5 payments have been made and nothing in 3 months. I believe they do not intend to pay. Because they were my good friends I signed and gave them the title. They have not upheld the agreement- Am I able to get my vehicle back?

**A: you have to sue then and prove that they did not pay all the $$$. The fact that you gave them the title really lessens your position.

signed,

feelinggroovy

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I have a signed bill of sale agreement/payment schedule for a vehicle I reluctantly sold to a "friend" that needed it really bad but did not have the money up front (they have 2 little kids). Only 4-5 payments have been made and nothing in 3 months. I believe they do not intend to pay. Because they were my good friends I signed and gave them the title. They have not upheld the agreement- Am I able to get my vehicle back?

Probably not. California Small Claims Courts are not a court of replevin. You can certainly sue in order to get a judgment for the unpaid balance; however, considering that they were struggling before and have not made a payment for 3 months, it's unlikely you'd see that money for a long time - if ever.

Next time, don't be so foolish as to sign over the title until you have received payment in full. If you had retained the title, you could have at least repo'd the vehicle. However, since you've already transferred ownership, you no longer have an ownership interest in the vehicle.

Oh, and if you do decide to sue, you can probably kiss that friendship goodbye. Loaning money and broken payment agreements tend to have that effect.

 

[feelingstupid]

Thank you HomeGuru and SandyClaus

**A: you have to sue then and prove that they did not pay all the $$$. The fact that you gave them the title really lessens your position.

signed,

feelinggroovy

Does it help my ability to possibly repo my car if they haven't transferred the title? I don't think they ever did. I was going to go to DMV tomorrow to find out. If they haven't transferred and it is still in my name, Do you think I can go get it?

 

[sandyclaus]

Does it help my ability to possibly repo my car if they haven't transferred the title? I don't think they ever did. I was going to go to DMV tomorrow to find out. If they haven't transferred and it is still in my name, Do you think I can go get it?

You *MIGHT* be able to. However, all they would need to do is run to the DMV and complete the ownership transfer with the signed bill of sale and title transfer paperwork you've already provided, then take it right back.

 

[george of]

What is the name of your state (only U.S. law)? California

I have a signed bill of sale agreement/payment schedule for a vehicle I reluctantly sold to a "friend" that needed it really bad but did not have the money up front (they have 2 little kids). Only 4-5 payments have been made and nothing in 3 months. I believe they do not intend to pay. Because they were my good friends I signed and gave them the title. They have not upheld the agreement- Am I able to get my vehicle back?

How much is the vehicle worth? How much will it cost you as the seller to repair the vehicle that you warrantied to pass the smog test in going forward with the sale of the vehicle? Does the "buyer" of the likely incomplete sale (whether or not title signed over) now have insurance on the vehicle? Do you still have insurance on the vehicle? Is your registration current? Did you file the notice of transfer withing 5 days as required by the state?

Rather than worrying about getting paid, I would be more concerned with the liabilities of owning a vehicle being driven by someone else, possibly without registration and insurance, and the costs required to obtain the smog certificate if it was not given.

 

[Zigner]

How much is the vehicle worth? How much will it cost you as the seller to repair the vehicle that you warrantied to pass the smog test in going forward with the sale of the vehicle?

What are you smoking?

 

[george of]

What are you smoking?

Dear Ziggy,

You don't think that the value of the vehicle is relevant for the OP in balancing their options?
You disagree that OP could have a liability due to California smog requirements?
There is some missing information that the OP could fill in.

BTW, I have never smoked, at least first hand. And I didn't inhale. Did you?

 

[Zigner]

A question of SMOG requirements was never brought up, except by you.

 

[george of]

A question of SMOG requirements was never brought up, except by you.

So therefore, it is irrelevant...

The OP mentioned that the registration by the buyer was not completed. And may not be completable without further action from the OP. The OP did not provide the details. California is not an 'as is' state for auto sales. The liabilities in the situation could exceed the amount due to be collected. Incomplete vehicle transfers aren't always simply resolved. If the OP were to raise their demands on their 'friend', their 'friend' may raise the demands on the OP.

 

[Zigner]

The OP mentioned that the registration by the buyer was not completed.

That's NOT what the OP said - read it again.

 

[george of]

Does it help my ability to possibly repo my car if they haven't transferred the title? I don't think they ever did. I was going to go to DMV tomorrow to find out. If they haven't transferred and it is still in my name, Do you think I can go get it?

Sorry Ziggy, you are right. The OP was not sure whether the vehicle was transferred. I was thinking that it wasn't, not maybe wasn't.